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K. MANMADHA RAO
K. Kasipathi, S/o. Late Subba Rayudu – Appellant
Versus
State of Andhra Pradesh rep by its Principal Secretary, Cooperative Department – Respondent
ORDER :
K. Manmadha Rao, J.
This writ petition is filed under Article 226 of the Constitution of India, for the following relief:
2. The facts of the case are that the petitioner was appointed as Paid Secretary in PACS, Gavaravaram, Chodavaram Taluk, Visakhapatnam District. Subsequently, he was absorbed in the DCC Bank Ltd., Visakhapatnam as a Staff Assistant. Later he was promoted as Assistant Manager and thereafter he was promotedas Branch Manager and worked in Visakahapatnam Main branch and completed 31 years of service without any remark. While the matter stood thus, the disciplinary authority
The right to receive pension is a constitutional right under Article 300A, and cannot be withheld without lawful authority.
Disciplinary proceedings cannot be initiated against a retired employee unless they were already in progress before retirement, as per established legal principles.
Exercise jurisdiction under Article 226 of Constitution of India, as far as justiciability of order of penalty is concerned - Order of penalty so confirmed by appellate authority and prayers made in ....
Disciplinary proceedings against retired employees are barred if events occurred over four years prior to charge issuance; pension and gratuity cannot be withheld without proven moral turpitude invol....
The court established that no chargesheet can be issued for events that occurred more than four years before its issuance, as per the Pension Regulations. Additionally, the court emphasized that the ....
The findings of the enquiry officer are binding on both the parties and the disciplinary authority cannot simply pass a blanket order without considering the enquiry report.
Point of law: The Government reserves to themselves the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanentl....
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